SwitchBot Camera Cloud Storage Service User Agreement

SwitchBot Camera Cloud Storage Service User Agreement

Updated date: May 5, 2023
This agreement is between the provider/operator of SwitchBot products/services (hereinafter referred to as "SwitchBot" or "us", including Wonderlabs Inc., and its parents, subsidiaries, or affiliates) and all users (including but not limited to individuals, teams, etc., hereinafter referred to as "user" or "users") who use cloud storage services provided by SwitchBot. The agreement stipulates the use of cloud storage services and related services. This agreement applies to any cloud storage service provided by SwitchBot (hereinafter referred to as "cloud storage service" or "the service"), including the upgrades of various services and software used by users within the term of this agreement, use of any cloud storage service constitutes acceptance of all terms of this agreement.

The special terms used in this agreement are uniformly interpreted as follows:
App: an application that can access SwitchBot products or services, provided by SwitchBot.
SwitchBot Camera: All models of camera series provided by SwitchBot.

1. Service content and usage instructions
1.1 Cloud storage service is a network service dedicated to storing SwitchBot Camera event recording videos that requires users to subscribe on the App. It provides users with online services such as event recording video storage, synchronization, management and sharing through cloud storage service technology. Once the user activates any service plan, SwitchBot Camera will automatically start uploading event recording videos. We promise that the stored data is limited to the cloud storage service selected by the user and within a limited service cycle (for example, the service cycle paid annually is 365 days, the service paid monthly is 30 days), and SwitchBot shall permanently delete the user's data after the expiration of the user's data recording period (for example, 30 days). During the recording period, the user can access, download or delete the user's data through the App. We acknowledge that users have rights to their data, and nothing in this agreement gives SwitchBot any ownership rights of users' data. In the cloud storage service, SwitchBot itself shall not upload or provide content directly, and shall not modify or edit any content transmitted by users.
1.2 According to the actual situation (such as different countries or regions), the service plans we provide to users may be different. For a service plan with a free trial service period, the trial period starts after the user activates the cloud storage service for the first time, and we will not deduct any fees during the free trial service period. During the trial service period, the user can cancel the overall service plan at any time, but can continue to enjoy the trial service until the end of the trial service period. The final interpretation of the free trial service belongs to SwitchBot. SwitchBot has the right to modify or cancel the free trial service corresponding to each service plan at any time, and has no obligation to notify users in advance, but it will not affect users who have started the free trial.
1.3 On the day when the free trial service ends, we will activate the service plan subscribed by the user through automatic renewal, and we will deduct the service fee from the financial account bounded by the user when he subscribes the service. The amount of the service fee depends on the service plan the user selected on the App.
The service cycle of monthly payment is 30 days. If the user does not cancel the service plan before the expiration of the service cycle, we will continue to provide the service of the next service cycle through automatic renewal on the day the service cycle expires and deduct the service fee of the next service cycle.
The service period of the annual payment is 365 days. If the user does not cancel the service plan before the expiration of the service period, we will continue to provide the service of the next service period through automatic renewal on the day the service period expires and deduct the service fee of the next service period.
The data records are updated on a rolling basis during the service cycle, that is, we will always save the data within the last 30 days for the user, and the data beyond the 30 days will be rolled over as time goes forward.
1.4 If the user activates the plan, the necessary payment information, such as details of a bound credit or debit card (Payment Instrument) is required to make the payment. Please note that we do not store the details of the Payment Instrument, but third parties that provide payment services (e.g. PayPal or Stripe) do. The user authorizes us to charge the Payment Instrument the fees applicable to its plan when the user provides the Payment Instrument.
The user is responsible for keeping the details of his Payment Instrument correct and up-to-date, especially when changing a different Payment Instrument or the Payment Instrument has expired. The user agrees: when the user's Payment Instrument expires or becomes invalid and does not update the Payment Instrument or cancel the subscription, the user authorizes us to cancel the subscription by the next billing date.
1.5 If the user has activated an auto-renewed subscription, we will automatically charge the user's Payment Instrument monthly/yearly (depending on the billing cycle of the subscription) on the calendar day (the Billing Date) corresponding to the subscription date (or the day when the free trial service ends). Users may change their plan to another plan when the term of that plan has expired. We may adjust the content and price of the service plan as needed, but the changes will not affect users who have subscribed to the service plan.
1.6 Once the user activates a subscription plan, the fees for that billing cycle will not be refunded upon cancellation. If the user wants to cancel the auto-renewal, the user should cancel the subscription at least 3 calendar days before the next billing date to avoid being charged for the next billing cycle. Otherwise, the cancellation will take effect after the next billing date and the user will still be charged for the next billing cycle.
1.7 The user understands that the cloud storage service only provides relevant network services, the equipment related to the relevant network services (such as personal computers, mobile phones, and other devices related to accessing the Internet or mobile network) and the required fees (such as telephone charges and Internet access charges for accessing the Internet, and mobile phone charges for using mobile networks) should be borne by users themselves.

2. Ownership
2.1 User agrees and acknowledges that SwitchBot or its licensors own all legal right, title and interest in and to the Service (including, but not limited to graphics, user interfaces, scripts and software used to perform the Services）and any software provided to users as part of or in connection with the Service (“software”), including any and all intellectual property rights subsisting therein, whether registered or not, and wherever in the world. The User further agrees that the proprietary and confidential information contained in the Service (including the software and any other portion thereof) is protected by applicable intellectual property and other laws, including but not limited to copyright laws. The user undertakes that the user will not use such proprietary information or materials in any way, except for the purpose of using the service in accordance with this agreement. No part of the service may be reproduced in any form or by any means, except as expressly permitted by the terms of this agreement.
2.2 SwitchBot reserves complete and indivisible ownership and intellectual property rights to the following content SwitchBot reserves complete and indivisible ownership and intellectual property rights to the following content（information, data, text, software, music, audio, photos, graphics, videos, user registration information or other information, hereinafter referred to as "content"):
Except for the content uploaded and disseminated by the user, the cloud storage service and all its elements, including but not limited to all content, data, technology, software, code, user interface and any derivative works related to it.

3. Promise and Guarantee
3.1 The user guarantees that the content uploaded to the cloud storage service shall not directly or indirectly:
3.1.1 Delete, conceal or change any patent, copyright, trademark or other proprietary notices displayed on or contained in the cloud storage service;
3.1.2 Interfere or attempt to interfere with the cloud storage service or the normal operation of any part or function of the SwitchBot website or App in any way;
3.1.3 Evade, attempt to evade or claim to be able to evade any content protection mechanism or cloud storage service data measurement tool;
3.1.4 Use any registered or unregistered commodity, service mark, company logo (LOGO), URL or other marks originating from SwitchBot in written format or graphic form without the prior written consent of SwitchBot;
3.1.5 Using any SwitchBot marks, including but not limited to using the SwitchBot marks in a manner that tarnishes, impairs and damages the rights of the owners of such marks, or grant himself or others any right or authority in violation of this agreement, unless SwitchBot specifies in writing;
3.1.6 Access to cloud storage services by impersonating others without authorization.
If the user violates any of the above guarantees, SwitchBot has the right to warn, block, and even disqualify the user according to the circumstances; If any loss is caused to SwitchBot, other users or any partners of SwitchBot due to the user's violation of the above guarantee, the user shall bear all legal responsibilities and compensate for the loss.
3.2 User commitment:
3.2.1 Having obtained written authorization from the obligee (if any) of the content uploaded, published, transmitted or disseminated through the cloud storage service provided by the cloud storage service, and have reached an internal agreement with the aforesaid obligee on the distribution of rights and interests, Ensure that it has full, complete, flawless and exclusive ownership and intellectual property rights before submitting and uploading relevant content to cloud storage services;
3.2.2 The content uploaded, published, transmitted or otherwise disseminated by users using cloud storage services shall not contain any information that violates national laws, regulations and policies;
3.2.3 Users shall not use this service for any illegal purpose; shall not infringe on SwitchBot's commercial interests by using SwitchBot's cloud storage service in any form, including but not limited to publishing commercial advertisements not authorized by SwitchBot; shall not use the cloud storage service system for any behavior that may adversely affect the normal operation of the Internet or mobile network;
3.2.4 Users are not allowed to use cloud storage services to engage in the following activities:
1) Accessing computer information networks or using computer information network resources without permission;
2) Deleting, modifying or adding computer information network functions without permission;
3) Deleting, modifying or adding data and application programs stored, processed or transmitted in computer information networks without permission;
4) Deliberately making and disseminating destructive programs such as computer viruses;
5) Other acts that endanger the security of computer information networks.
3.2.5 If the content uploaded, published, transmitted or disseminated by the user using the cloud storage service has defects in rights or violates the legal rights of a third party (including but not limited to patent rights, trademark rights, copyrights and neighboring rights of copyrights, Portrait rights, privacy rights, reputation rights, etc.), which cause SwitchBot or other units that cooperate with SwitchBot to face any complaints, reports, inquiries, claims, lawsuits; or cause SwitchBot or other units that cooperate with SwitchBot to suffer any reputation or property loss, users should actively take all possible measures to protect SwitchBot and other units that cooperate with SwitchBot from the above-mentioned claims and lawsuits. At the same time, the user shall be fully responsible for the direct and indirect economic losses suffered by SwitchBot and other units cooperating with SwitchBot.
3.2.6 Users are not allowed to abuse cloud storage services. SwitchBot hereby solemnly reminds users that any content transmitted through this service by uploading, posting, sending instant messages, emails or any other means, whether it is transmitted publicly or privately, shall be solely responsible for its uploading and use by content providers and users. As an information storage space service platform, cloud storage service cannot control the content transmitted through this service, nor can it fully control the user's usage behavior, so it cannot guarantee the legality, correctness, integrity, authenticity or quality of the content; users have been foreseen that when using this service, you may come into contact with unpleasant, inappropriate content, etc., and agree to make your own judgment and bear all risks, without relying on cloud storage services.
3.2.7 If SwitchBot discovers that the user's use of cloud storage services does not comply with the relevant laws and regulations of the country or region where SwitchBot or the user is located, SwitchBot has the right to make independent judgment, has the right to immediately terminate part or all of the services provided to users without prior notification, and has the right to ask users to make corrections or directly take all measures that SwitchBot deems necessary (including but not limited to changing or the deletion of content uploaded by the user, suspending or terminating the user's right to use cloud storage services) to mitigate the impact of the user's misconduct. If the user disseminates reactionary, pornographic or other information that violates the laws and regulations of other countries or regions through the cloud storage service, the system records of the cloud storage service may be used as evidence of the user's violation of laws and regulations. Any damages or losses caused by any third party's claims or derivatives caused by the uploading and dissemination of the content shall be borne by the users themselves.

4. Intellectual Property Protection
If the content uploaded by the user allows other users to download, view, listen to or access or distribute in other ways, it must ensure that the release of the content and the implementation of related actions comply with the relevant copyright policies in relevant intellectual property laws and regulations, including but not limited to:
4.1 Upon receiving an infringement notice, the user should immediately delete or prohibit access to the claimed infringing content, and contact the person who delivered the notice for detailed information immediately;
4.2 The user understands and agrees that SwitchBot will deal with qualified infringement notices issued by third parties in accordance with relevant laws and regulations, SwitchBot may delete or prohibit access to the declared infringing content as required, and adopt and implement appropriate policies in order to prevent repeated infringement under corresponding conditions.

5. Privacy Protection
5.1 SwitchBot fully respects the protection of users' personal information. SwitchBot's privacy policy lists the relevant policies and procedures that cloud storage services should follow in collecting and using users' personal information.
5.2 SwitchBot will not disclose or provide third parties with non-public content stored by users on cloud storage services, except in the following circumstances:
1) Relevant laws, regulations or legal service procedures for cloud storage services;
2) In an emergency, to protect the rights and interests of users and the public;
3) To safeguard the trademark rights, patent rights and any other legal rights of SwitchBot;
4) Other situations require disclosing, editing or disclosing personal information according to law.

6. Disclaimer
6.1 In view of the nature of the cloud storage service as a network service and the particularity of the network service, the user agrees and understands that in the event of a network failure not caused by SwitchBot intentionally, some or all of the services may be changed, interrupted or terminated. Once SwitchBot finds and verifies the network failure, it notifies users in advance as much as possible, but SwitchBot does not need to bear any responsibility to any user or any third party.
6.2 Users understand that the cloud storage service needs to overhaul or maintain the platform or related equipment that provides network service regularly or irregularly. If the service is interrupted within a reasonable time due to such circumstances, SwitchBot does not bear any responsibility for this, but should notify in advance as far as possible.
6.3 Any dispute or loss caused by the user's authorization of a third party (including third-party applications) to access/use the content of its cloud storage service space shall be borne by the user and has nothing to do with SwitchBot.
6.4 The matters listed below (but not limited to these) shall not be the responsibility of SwitchBot, and SwitchBot shall not be legally liable for any damage caused to the user：
(1) Implementation of planned maintenance;
(2) Earthquake, typhoon, flood, storm and other natural disasters, the occurrence of infectious diseases, war, civil unrest, insurrection;
(3) An order by an administrative or judicial organ;
(4) Failure of the user's own equipment;
(5) Defects of client environment;
(6) Failure of the service environment and computer of the service set by the user;
(7) The network line connecting to the cloud service is faulty;
(8) Improper operation of the user;
(9) third-party attacks and cheating.

7. Others
7.1 The final interpretation right of this agreement belongs to SwitchBot.
7.2 This agreement will take effect once it is announced, and SwitchBot has the right to modify the content of the agreement at any time, and the revised version will be published on the SwitchBot website or App. If the user does not agree to the changes to the relevant terms of this agreement, the user has the right to stop using the cloud storage service. If the user continues to use the cloud storage service, it is deemed that the user accepts the modification made by SwitchBot to the relevant terms of this agreement.
7.3 All notifications of the cloud storage service under this agreement to users can be made through or not limited to announcements, emails, etc.; such notifications are deemed to have been delivered to the recipient on the date of sending.
7.4 The conclusion, execution and interpretation of this agreement and the settlement of disputes shall be governed by federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws. If there is any dispute between the two parties regarding the content of this agreement or its implementation, the two parties shall try to resolve it through friendly negotiation, otherwise, either party has the right to file a lawsuit in the state or Federal courts in Delaware.
7.5 This agreement constitutes the complete agreement between the two parties on the agreed matters of this agreement and other related matters. Except for the provisions of this agreement, no other rights are granted to the parties to this agreement.
7.6 If any provision of this agreement is wholly or partially invalid or non-executable for any reason, the remaining provisions of this agreement shall still be valid and binding.